Neutral Citation No. - 2025:AHC:123038 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25626 of 2025 Applicant :- Ishwari Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Dwivedi,Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Kamlesh Kumar Dwivedi, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.51 of 2025, under Sections 115(2), 118(1), 190, 191(2), 191(3), 74, 76, 109, 64, 117(2), 333 B.N.S., Police Station Barhan, District Agra, during the pendency of trial. 4. As per prosecution story, the applicant and other co-accused persons are stated to have assaulted the husband of the informant/victim on 15.03.2025 at about 7:30 p.m. and caused injuries to him. Subsequently, the applicant is stated to have inserted stick into the private part of the victim and the co-accused person Akhilesh assaulted her with knife on her feet. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about one day and there is no explanation of the said delay caused. The allegation against the applicant is that he inserted some wooden stick into the private part of the victim, but the said fact stands falsified from the medical report as there is no injury observed by the doctor conducting her medical examination on her private part. 6. Learned counsel for the applicant has further stated that even the statement of the Dr. Kalpana Singh, Medical Officer who has examined the victim, falsified the said story and she has categorically stated that the victim did not sustain any injury on her private part. She has further stated that had the victim been assaulted by a stick on her private part, she certainly would have got some injuries in it, as such, it is a clear-cut case of false implication. 7. Learned counsel for the applicant has also stated that the case of the applicant is at a different footing to the other co-accused persons. There is no criminal history of the applicant. The applicant is languishing in jail since 02.04.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 8. Learned A.G.A. has vehemently opposed the bail application. 9. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the statement of the doctor conducting the medical examination of the informant, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 10. Let the applicant- Ishwari Tyagi, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 11. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 12. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 25.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad